Findings

Congress finds as follows: (1)Children 3 years of age and younger have the highest rates of victimization. Children under the age of 1 are nearly twice as likely as all other children to become victims of child maltreatment while children ages 1 through 3 have the next highest rate of victimization. Children ages 3 and younger are also twice as likely to be placed in foster care as children of any other age. Once placed in foster care, children 3 years of age and younger are more likely than older children to be abused and neglected, and they tend to stay in foster care longer than older children. (2)Infants and toddlers are the most vulnerable to the effects of maltreatment. Research shows that young children who have experienced physical abuse have lower social competence, show less empathy for others, and have difficulty recognizing others' emotions. They are also more likely than children who have not been maltreated to have deficits in IQ scores, language ability, and school performance. (3)Research shows that the human brain increases in weight from 26 percent of its adult weight at birth to 74 percent by the age of 3. During those early years, the brain is developing most of its basic capacity, which substantially predicts future achievement or failure. Therefore, infants and toddlers who have been maltreated and placed in foster care are spending the most critical developmental period in situations that may be detrimental to healthy growth and development. (4)Substance abuse is a factor in as many as 67 percent of child maltreatment cases. Every year, more than 2.6 million babies are born to mothers who drank alcohol during pregnancy and 40,000 of those babies are born displaying identifiable birth defects; thousands more suffer ill effects that are not readily apparent. More than 2 million children under 6 live with one or more alcoholic parents. Some 460,000 babies are exposed to illegal drugs in utero each year. Poly drug use is the rule rather than the exception, and users typically ingest alcohol, illegal, and prescription drugs. Thus, while research has identified the effects of prenatal alcohol exposure, it is difficult to ascertain the effects of prenatal exposure to other specific substances (i.e., methamphetamines, cocaine, and other illegal drugs). Alcohol is the only mood altering substance that is used in isolation from others and the effects have been well documented through the literature on fetal alcohol spectrum disorders. Maternal substance abuse during pregnancy affects the health of the baby at birth and in the months and years that follow. It contributes to preterm birth, low birth weight, developmental delays and disabilities. Active substance abuse by parents after birth can create a risk of imminent harm to a child. (5)Children under the age of 4 account for 78 percent of child fatalities, and children under the age of 1 account for 44 percent of such fatalities. (6)Child welfare systems are not meeting the needs of the children who rely on public intervention to protect them. According to the first round of Child and Family Services Reviews completed by the Administration for Children and Families, no State had achieved all of the specified outcomes on the Child and Family Services Review indicators, and all of the States failed to meet the outcome related to the provision of physical and mental health services to children in foster care. (7)Judges can be powerful catalysts for change in the way communities address the needs of maltreated infants and toddlers. A project in the Juvenile Court of the Fifth Judicial District of Iowa has combined the leadership of a family court judge with expertise in early childhood development. Such collaboration is currently underway in other local jurisdictions across the country, with many more seeking to create similar projects. These projects are working to ensure that mental health and parenting intervention services are provided for parents and children together.

Court teams for maltreated infants and toddlers

Title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended— (1)by redesignating part F as part G; and (2)by inserting after part E the following new part:

Court teams for maltreated infants and toddlers

271.

Court teams for maltreated infants and toddlers program established

The Administrator is authorized to establish a program to create and provide technical assistance for local Court Teams for Maltreated Infants and Toddlers (referred to in this part as Court Teams) for the purpose of— (1)promoting the well-being of maltreated infants and toddlers and their families (including the special problems created by substance abuse, particularly alcohol and methamphetamine abuse); (2)helping to prevent the recurrence of abuse and neglect of children; and (3)promoting timely reunification of families or other successful permanency outcomes for maltreated infants and toddlers in foster care.

272.

National court teams for maltreated infants and toddlers resource center grant

(a)

Grant authorized

The Administrator shall award a grant for the purpose of establishing a National Court Teams for Maltreated Infants and Toddlers Resource Center (referred to in this part as the National Court Teams Resource Center) to carry out the activities set forth in section 273. (b)

Eligibility

To be eligible to receive the grant described in subsection (a), an entity shall be a national early childhood development organization, as defined in section 276, working in collaboration with a judicial training organization, as defined in section 276, that has— (1)specific expertise in the development of infants and toddlers; (2)specific expertise in educating judges about child maltreatment; (3)experience in incorporating the expertise described in paragraphs (1) and (2) into the judicial system to promote change in the way courts address cases involving maltreated infants and toddlers in foster care; and (4)the capacity— (A)to carry out the activities of the National Court Teams Resource Center described in section 273; (B)to support the implementation and activities of local Court Teams by providing the assistance required under this part; and (C)to manage a competitive grant award process to select local communities wishing to establish a Court Team. (c)

Grant duration

The grant awarded under this part shall be— (1)for a period of 5 years; and (2)renewable at the discretion of the Administrator. (d)

Application

(1)

In general

An early childhood development organization desiring to receive the grant described in subsection (a) shall submit an application to the Administrator, at such time, in such manner, and containing such information as the Administrator may require. (2)

Contents

Such application shall— (A)describe the expertise of the organization and its collaborative partner in infant and toddler development and in judicial training, including any experience relevant to their ability to oversee the implementation of local Court Teams, and their capacity to provide assistance to local Court Teams; (B)include a detailed plan describing how the organization and its collaborative partner will establish and maintain the National Court Teams Resource Center, and how they will carry out the activities of such Center, as described in section 273; (C)explain the process that will be used to select local Court Teams to receive assistance under this part; (D)demonstrate the ability of the organization and its collaborative partner to meet all the selection criteria, including— (i)special expertise in the developmental needs of children 3 years of age and younger; (ii)a demonstrated record of providing resources to parents and other caregivers regarding the healthy growth and development of their children; (iii)a demonstrated record of providing resources for practitioners in the fields of child development, early child care and education, family support, pediatrics, child welfare, juvenile and family courts, and mental health; (iv)extensive knowledge about how exposure to violence (including domestic violence, community violence, and child maltreatment) influences the growth and development of infants and toddlers; (v)a documented history of collaboration with public and private sector groups working to improve the lives of maltreated infants and toddlers, including collaboration with judges at the local and national level; (vi)the capacity to analyze child welfare policy at the local, State, and national levels and to offer research-based solutions to the problems confronting child welfare systems across the country; and (vii)the ability to manage multiple complex national resource centers and related activities, including strategic planning, team building, infrastructure development, training for multidisciplinary professionals at all levels, materials development for multiple audiences in a variety of formats, and conference planning and delivery at the local, State, regional, and national levels; and (E)include any other information the Administrator may require, including any assurance required by the Administrator that the entity, if selected, will give special consideration to applications that have a significant number of child welfare cases in the jurisdiction of the court over which the qualified judge presides in which substance abuse, and particularly methamphetamine abuse, is involved. (e)

Selection of grantee

In considering grant applications under this part, the Administrator shall select the early childhood development organization working in collaboration with a judicial training organization that demonstrates— (1)the greatest ability to satisfy the criteria described in subsection (d)(4); and (2)the most extensive experience in addressing the needs of abused and maltreated infants and toddlers through training and technical assistance provided to judges, multidisciplinary professionals and community leaders.

273.

National court teams for maltreated infants and toddlers resource center

(a)

General activities

The national early childhood development organization working in collaboration with a judicial training organization that has received the grant authorized under section 272 shall establish and maintain a National Court Teams Resource Center, to carry out the following activities: (1)Develop and carry out a process for selecting local Court Teams to receive assistance under this part that shall include— (A)outreach to identify jurisdictions or communities wishing to establish Court Teams; (B)letters of commitment to participate in a Court Team project containing the items described in section 274(a); (C)a provision allowing for exceptions for alternative models of leadership to that described in section 274(a) if such leadership would be more appropriate for meeting community needs and the services of the Court Team are made available to local judges; and (D)in selecting jurisdictions to participate, ensuring diversity of geographic location, population density, and types of problems affecting the child welfare population. (2)Conduct national meetings and training sessions for local Court Teams. (3)Develop a database that shall be— (A)available to each local Court Team to track such Court Team's progress; and (B)used by the National Court Teams Resource Center to facilitate continuous improvement of the local Court Teams receiving assistance under this part. (4)Develop materials to guide qualified judges in the decisionmaking process regarding maltreated infants and toddlers, and to train members of local Court Teams and others in the community regarding the appropriate care of maltreated infants and toddlers, including the importance of— (A)placement stability; (B)frequent parent-child visitation; (C)services to reduce the recurrence of abuse and neglect; (D)services to monitor and improve the health and well-being of infants and toddlers in foster care; (E)timely permanent placement; (F)concurrent planning; and (G)implementing a comprehensive service delivery plan addressing the needs of children and parents at the proximate time of the child(ren)'s removal from the care of their biological parents. (5)Provide information to communities and courts around the country seeking to adopt the Court Teams approach, including information related to— (A)the incorporation of knowledge about infant and toddler development into the resolution of cases by judges with jurisdiction over children in foster care; and (B)methods to change State and local government systems to better address the needs of infants and toddlers in foster care and their families. (6)Any other activity necessary to provide the assistance required under subsection (b). (b)

Assistance to local court teams

Assistance provided to local Court Teams by the National Court Teams Resource Center shall include— (1)providing direction, coordination, and oversight of the implementation of local Court Teams, as needed; (2)providing a local Community Coordinator for each local Court Team, who shall— (A)serve as a resource for child development expertise for the local Court Team; and (B)promote coordination (in the jurisdiction of the court over which the Judicial Leader presides) between— (i)community agencies that serve infants and toddlers and their families; and (ii)providers of resources to support maltreated infants and toddlers and their families; (3)providing training and technical assistance to local Court Teams, including— (A)individual consultation; (B)networking assistance; (C)development and dissemination of training materials, including fact sheets, template forms, and sample operational materials developed for local Court Teams; and (D)training for local Court Teams related to— (i)the impact of abuse and neglect on infants and toddlers; and (ii)improved decisionmaking by courts regarding maltreated infants and toddlers to reduce the recurrence of abuse and neglect and improve developmental outcomes; and (4)organizing local training for community members of jurisdictions in which local Court Teams are located, which shall relate to the particular needs of infants and toddlers exposed to maltreatment and trauma, including topics such as— (A)general infant and toddler development; (B)the impact of abuse and neglect on development; (C)a continuum of relationship-based mental health services for parents and children together; (D)best practices in parent-child contact (visitation); (E)evidence-based parenting interventions; and (F)services available to foster children in the community.

274.

Local court teams for maltreated infants and toddlers established

(a)

Eligibility and letter of commitment

An entity eligible for receiving assistance made available under this part shall consist of at least 1 qualified judge to serve as Judicial Leader of the Court Team together with an official of the local child welfare agency who submit a letter of commitment to participate in the Court Team project including the following information: (1)A commitment to work with the Community Coordinator provided through the National Court Teams Resource Center, to form a team of community agencies serving infants and toddlers and their families in the jurisdiction, and carry out the activities set forth in this section. (2)In the case of a community applying for an exception under section 273(a)(1)(C), a description of the proposed alternative leadership model, the reasons such a model better meets community needs, and the manner in which the services of the Court Team will be made available to a court presided over by a qualified judge. (3)A description of the population of maltreated infants and toddlers in the community within the jurisdiction of the court over which the qualified judge presides, including— (A)any problems contributing to the placement of maltreated infants and toddlers under the supervision of the court (including the impact of parental substance abuse, and particularly methamphetamine abuse); and (B)any challenges faced by the court in making decisions that are in the best interests of such maltreated infants and toddlers. (4)Information regarding the jurisdiction’s previous efforts, if any, of implementing best practices through participation in local or national court improvement initiatives; and (5)Any additional information required by the National Court Teams Resource Center. (b)

Required activities

A local Court Team receiving assistance under this part shall carry out the following activities: (1)Conduct monthly case reviews of each case handled by the local Court Team, in which all individuals and organizations involved in a case meet to review progress in such case, and to monitor and track referral to, delivery of, and barriers to, services for maltreated infants and toddlers and their families. (2)Implement best practices in child welfare cases including concurrent planning, reducing placement changes, frequent child-parent contact, comprehensive service delivery plans at the time of removal, pre-removal conferences, and kinship placements. (3)Incorporate child-focused services into case plans for maltreated infants and toddlers, including services such as medical, developmental, and mental health interventions and, as appropriate, services for children and parents together. (4)Organize the provision of local training (provided by the National Court Teams Resource Center) to community members of the jurisdiction in which the local Court Team is located, including court officials, child welfare agencies, attorneys, Guardians Ad Litem, court-appointed special advocates, and other individuals and organizations providing services to infants and toddlers in foster care. (5)Identify areas in the community in need of improved mental health and substance abuse treatment, and assist the National Court Teams Resource Center in improving mental health treatment for parents and children together, and substance abuse treatment for families (including mothers and children), as needed. (6)Prioritize after-care services that connect families to their communities after their discharge from formal child welfare system involvement. (7)Utilize resource materials disseminated by the National Court Teams Resource Center to guide judges in the decisionmaking process regarding maltreated infants and toddlers, and to provide training for Court Team members. (8)Participate in the national evaluation conducted by the Administrator in accordance with section 275, to determine the extent to which the activities of the local Court Team reduce the recurrence of abuse and neglect and improve health and developmental outcomes for maltreated infants and toddlers. (c)

Permissible activities

A local Court receiving assistance under this part may carry out the following activities: (1)Developing processes for responding to parental substance abuse, such as— (A)coordinating with local law enforcement agencies to allow rapid response teams to intervene quickly on behalf of infants and toddlers who are identified by law enforcement personnel as being present during illegal activities related to methamphetamines or other illegal substances; and (B)establishing and maintaining relationships with substance abuse treatment programs to increase access to treatment for parents of maltreated infants and toddlers. (2)Identifying community needs related to early childhood mental health services, and meeting those needs by utilizing training provided by the National Court Teams for Infants and Toddlers Resource Center on child-parent psychotherapy. (3)Any other activities that help meet the needs and improve the health and developmental outcomes of maltreated infants and toddlers in foster care.

275.

Data collection, reports, and evaluations

(a)

Data collection and reports

The National Court Teams Resource Center shall— (1)establish a uniform data collection system that shall be used to periodically collect from local Court Teams data related to the operation and outcomes of the projects; (2)compile such data annually and report to the Administrator; and (3)in devising such data collection system, consult with the organization awarded a contract under subsection (b). (b)

Evaluation

The Administrator shall conduct a national evaluation over the course of the grant period of the effectiveness of local Court Teams in— (1)linking children and families to appropriate services and supports that expedite permanency and assist families in successful child-rearing following case closure; (2)reducing the recurrence of abuse and neglect; (3)promoting timely permanent placements of maltreated infants and toddlers; and (4)reducing costs through system improvements. (c)

Reports to congress by the Administrator

At the end of the 3-year period beginning on the date of the enactment of this part, and again at the end of the 5-year period beginning on such date of enactment, the Administrator shall submit a report to Congress addressing the implementation and effectiveness of the Court Teams, including— (1)a compilation of the data on local Court Teams included in the annual report from the National Court Teams Resource Center; and (2)interim or final results from the national evaluation of Court Teams.

276.

Definitions

For the purposes of this part: (1)

Court-appointed special advocate

The term court-appointed special advocate means an individual who is trained by a recognized court-appointed special advocate program and appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect. (2)

Court improvement program

The term Court Improvement Program means a program authorized under section 438 of the Social Security Act (42 U.S.C. 629h). (3)

Guardian ad litem

The term Guardian Ad Litem means an attorney or court-appointed special advocate who is appointed by a court to advocate for the best interests of children who come into the court system primarily as a result of abuse or neglect. (4)

Judicial education organization

The term judicial education organization means an organization whose mission includes the provision of training and technical assistance to juvenile and family court judges. (5)

Kinship placement

The term kinship placement means placement of a child with members of the child’s extended family, biologically or emotionally related to the child. (6)

Maltreated infant or toddler

The term maltreated infant or toddler means any child 3 years of age or younger who is the victim of a substantiated case of physical abuse, neglect, medical neglect, sexual abuse, or emotional abuse. (7)

National early childhood development organization

The term national early childhood development organization means a national nonprofit organization— (A)that is dedicated to supporting the healthy development and well-being of infants, toddlers, and their families; and (B)that has the capacity for research, training, information dissemination, and leadership development in all of the professional disciplines related to infants and toddlers 3 years of age and younger. (8)

Qualified judge

The term qualified judge means a judge who presides over a court that has jurisdiction over children in foster care, such as a judge for a dependency, juvenile, or family court.